Members of the Journalism Team of 'La Costeñísima' Radio regarding Nicaragua, IACtHR, Order , 22/3/2023
Court: Inter-American Court of Human Rights
 | 2023

Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices 

 

Olivera Fuentes v. Peru, IACtHR, Series C No. 484, 4/02/2023
Court: Inter-American Court of Human Rights
 | 2023

Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality before the law – Violation of the right to access to justice and the right to an effective remedy with the authorities having imposed on the applicant an unreasonably high and disproportionate standard of proof

A. H. and Others v. Germany, ECtHR, 7246/20, 04/04/2023
Court: European Court of Human Rights
 | 2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after gender reassignment - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child

A.M. and Others v. Poland, ECtHR, 4188/21, 16/05/2023
Court: European Court of Human Rights
 | 2023

The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in the case of foetal abnormalities - inadmissible

Baret and Caballero v. France, ECtHR, 22296/20, 37138/20, 14/09/2023
Court: European Court of Human Rights
 | 2023

General legal prohibition on posthumous assisted reproduction within the national territory and on export of gametes and embryos for that purpose to Spain, where the practice is permitted - No violation

Dissenting / Concurring: Georges Ravarani

C v. Italy, ECtHR, 47196/21, 31/08/2023
Court: European Court of Human Rights
 | 2023

Refusal to register details of foreign birth certificate establishing legal relationship between child born through surrogacy arrangement abroad and her biological father, without considering alternative solution - Violation of Article 8

Dissenting / Concurring: Krzysztof Wojtyczek

Fedotova and Others v. Russia, ECtHR, 40792/10, 30538/14, 43439/10, 17/01/2023 [GC]
Court: European Court of Human Rights
 | 2023

Art 8 (Positive obligations/Private and family life) - Absence of any form of legal recognition and protection for same-sex couples _ Confirmation of positive obligation to provide legal framework affording such couples adequate recognition and protection

Dissenting / Concurring: Pavli, Motoc / Wojtyczek / Poláčková / Lobov

G.K. v. Cyprus, ECtHR, 16205/21, 21/05/2023
Court: European Court of Human Rights
 | 2023

Article 8 (Family life) - Domestic courts’ order for return of child from Cyprus to the USA under the Hague Convention following removal by its mother, the applicant - No violation

Gauvin-Fournis and Silliau v. France, ECtHR, 21424/16, 45728/17, 07/09/2023
Court: European Court of Human Rights
 | 2023

Refusal to allow persons born through medically assisted reproduction involving a third-party donor to access information about that donor, under the rule guaranteeing anonymity in gamete donations - No violation

Dissenting / Concurring: Georges Ravarani, Stéphanie Mourou-Vikström, Mykola Gnatovsky

Lapunov v. Russia, ECtHR, 28834/19, 12/9/2023
Court: European Court of Human Rights
 | 2023

Article 3 (substantive and procedural) and Article 14 (+ Article 3) (Discrimination) - Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation - Abduction, detention and torture of applicant triggered by homophobic motives which were not investigated

M.L. v. Poland, ECtHR, 40119/21, 14/12/2023
Court: European Court of Human Rights
 | 2023

Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court, resulting in the applicant travelling abroad for termination - Impugned proceedings directly decisive for applicant’s Art 8 rights - Lack of required foreseeability depriving applicant of the proper safeguards against arbitrariness

Dissenting / Concurring: Krzysztof Wojtyczek, Péter Paczolay / Ivana Jelić, Gilberto Felici, Erik Wennerström

Maymulakhin and Markiv v. Ukraine, ECtHR, 75135/14, 01/06/2023
Court: European Court of Human Rights
 | 2023

Article 14 (+ Article 8) (Discrimination/Private and family life) - Absence of any form of legal recognition and protection for a same-sex couple - Unjustified difference in treatment of a same-sex couple vis-à-vis different-sex couples on the basis of sexual orientation

O.H. and G.H. v. Germany, ECtHR, 53568/18, 54941/18, 04/04/2023
Court: European Court of Human Rights
 | 2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after the gender change - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child

Przybyszewska and Others v. Poland, ECtHR, 11454/17 + other 9, 12/12/2023
Court: European Court of Human Rights
 | 2023

Article 8( Positive obligations) - Absence of any form of legal recognition and protection for same-sex couples - Respondent State’s failure to comply with positive obligation to ensure legal recognition and protection of such couples through specific legal framework

Dissenting / Concurring: Wojtyczek